2022 heralds changes for Virginia employers

With the advent of 2022, Virginia employers should be aware of a number of employment law developments that may affect their business practices.

Increased minimum wage

First on the docket is Virginia’s increase in the minimum wage to $11 per hour, which took effect on January 1, 2022. The increase is in accord with legislation that was enacted two years ago to codify step increases in Virginia’s hourly wage.

The next wage increase will be on January 1, 2023, to $12 per hour. Additional increases to $13.50 on January 1, 2025, and $15 on January 1, 2026, will be contingent upon approval by the General Assembly on or before July 1, 2024.

Criminal history inquiries

Virginia employers that have government contracts also need to be aware that under the federal Fair Chance to Compete for Jobs Act, federal agencies will now be including a clause in their federal contracts prohibiting contractors from requesting, either verbally or in writing, the criminal history of an applicant for work under a federal contract until after a conditional offer of employment has been made. The only exceptions are where (1) a criminal background check before the offer is required by law, (2) the position is related to law enforcement or national security duties, or (3) the position has access to classified information. Regulations implementing this new requirement are to be issued this month.